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SMITH v. SMITH

No. 127.

52 Wis.2d 262 (1971)

190 N.W.2d 174

SMITH, Appellant, v. SMITH, Respondent.

Supreme Court of Wisconsin.

Decided October 5, 1971.

Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of David J. Becker of Milwaukee; a brief amicus curiae in opposition was filed by Joseph M. Syman, family court commissioner of Milwaukee county, and William H. Evans, assistant family court commissioner.

BEILFUSS, J.

The parties, assuming the family court commissioner to be a party, have presented two issues: (1) Was the second marriage, the plaintiff's marriage to Smith, void or voidable? (2) Was the action for annulment barred by virtue of sec. 247.03 (2), Stats., because not brought while the first husband, Haralson, was still living?

We believe the first issue is controlling and therefore do not propose to decide the effect of sec. 247.03 (2), Stats.,...

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